CRM-M-18875-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (210) CRM-M-18875-2026 (O&M) Date of Decision:27.07.2026 SATNAM SINGH @ SUNNY … Petitioner Versus STATE OF PUNJAB ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Amarjeet Singh Prajapati, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G. Punjab. -.- VIRINDER AGGARWAL , J . (Oral) 1. Mr. Amarjeet Singh Prajapati, Advocate, has put in appearance on behalf of the petitioner and filed a fresh Power of Attorney after obtaining a 'No Objection' from the previously engaged counsel. The same is taken on record. 2. The present is a first petition instituted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail pending trial in FIR No. 09 dated 16.01.2026, registered under Sections 21(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, with Sections 29 of the NDPS Act having been added subsequently, at Police Station Chheharta, District Police Commissionerate, Amritsar. GAURAV SOROT 2026.07.28 09:54 I attest to the accuracy and integrity of this document CRM-M-18875-2026 (O&M) -:2:- 2.1. Briefly stated, the prosecution case is that while the police party was on routine patrolling duty, the petitioner was allegedly apprehended near a garbage dump situated on Madian Road, Naraingarh. It is alleged that upon his apprehension, a black polythene envelope, purportedly thrown by the petitioner, was recovered, which allegedly contained 101 grams of heroin along with 1,700/- ₹ in cash, leading to the registration of the present FIR. 3. The custody certificate produced by the learned State counsel is taken on record, subject to all just exceptions. 3.1. Learned State counsel has vehemently opposed the prayer for grant of regular bail, contending that, having regard to the nature, gravity and seriousness of the allegations, as well as the manner in which the offence is alleged to have been committed, the petitioner does not deserve the concession of regular bail at this stage. It is, accordingly, prayed that the present petition, being devoid of merit, be dismissed. 4. I have heard learned counsel for the parties at length and have meticulously perused the paper book and the material placed on record with their able assistance. 5. The petitioner has remained in judicial custody since 16.01.2026. Learned counsel for the petitioner has contended that the alleged recovery was effected pursuant to the petitioner's personal search and that the mandatory safeguards contemplated under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with. Whether there has been due compliance with the statutory mandate is essentially a matter to be adjudicated upon during trial after GAURAV SOROT 2026.07.28 09:54 I attest to the accuracy and integrity of this document CRM-M-18875-2026 (O&M) -:3:- appreciation of the evidence led by the parties. At this stage, without expressing any opinion on the merits of the case, lest it prejudice either side during trial, this Court is of the considered view that the petitioner has made out a case for the grant of regular bail. Furthermore, the petitioner cannot be deprived of his constitutional right to a speedy trial guaranteed under Article 21 of the Constitution of India. The trial is not likely to attain finality in the near future and is expected to consume considerable time before reaching its logical conclusion. Consequently, no useful purpose would be served by prolonging the petitioner's incarceration pending trial. 5.1. Consequently, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, as the case may be, and further subject to the following conditions:- i. The petitioner(s) shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the Investigating Agency. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, GAURAV SOROT 2026.07.28 09:54 I attest to the accuracy and integrity of this document CRM-M-18875-2026 (O&M) -:4:- the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. v. The petitioner(s) shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, the Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law. vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior GAURAV SOROT 2026.07.28 09:54 I attest to the accuracy and integrity of this document CRM-M-18875-2026 (O&M) -:5:- permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of bail and issuance of appropriate coercive process, including warrants of arrest. 6. Consequent upon the final adjudication of the principal matter, all pending miscellaneous applications whether arising out of or ancillary to the present proceedings shall stand disposed of in tandem. Inasmuch as the substantive rights of the parties have been definitively determined, the reliefs sought in the said interlocutory applications are rendered entirely infructuous, obviating the necessity for any separate or further judicial orders. ( VIRINDER AGGARWAL) 27.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.28 09:54 I attest to the accuracy and integrity of this document